Matter of Joseph T

In Matter of Joseph T. (23 AD3d 482 [2005]) the Second Department modified an order issued by the Family Court, precluding the petitioner, Nassau County Department of Social Services, from offering "any evidence gathered from or obtained as a result of a sealed report in this matter." The Appellate Division modified the order and substituted a provision which precluded DSS only from offering the sealed report in this matter as evidence in the underlying neglect proceedings. The Court reasoned: "The provision in the order precluding the petitioner [DSS] from offering any evidence gathered from or obtained as a result of [the] sealed report in this matter goes beyond the scope of Social Services Law 422 (5) and is contrary to Social Services Law 422 (11) and 424 (1)." (Id.)